101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4744

 

Introduced 2/18/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-30

    Amends the Common Interest Community Association Act. Provides that if the board of managers provides proper notice and an opportunity to be heard for 4 consecutive quarters to a unit owner for a violation of the declaration, bylaws, operating agreement, or rules and regulations of the common interest community association, and the unit owner has still failed to remedy the violation, the board may make its own arrangements for the violation to be remedied and add the cost of the remedy to the fines charged to the unit owner for the violation.


LRB101 17941 LNS 67377 b

 

 

A BILL FOR

 

HB4744LRB101 17941 LNS 67377 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act is
5amended by changing Section 1-30 as follows:
 
6    (765 ILCS 160/1-30)
7    Sec. 1-30. Board duties and obligations; records.
8    (a) The board shall meet at least 4 times annually.
9    (b) A common interest community association may not enter
10into a contract with a current board member, or with a
11corporation, limited liability company, or partnership in
12which a board member or a member of his or her immediate family
13has 25% or more interest, unless notice of intent to enter into
14the contract is given to members within 20 days after a
15decision is made to enter into the contract and the members are
16afforded an opportunity by filing a petition, signed by 20% of
17the membership, for an election to approve or disapprove the
18contract; such petition shall be filed within 20 days after
19such notice and such election shall be held within 30 days
20after filing the petition. For purposes of this subsection, a
21board member's immediate family means the board member's
22spouse, parents, siblings, and children.
23    (c) The bylaws or operating agreement shall provide for the

 

 

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1maintenance, repair, and replacement of the common areas and
2payments therefor, including the method of approving payment
3vouchers.
4    (d) (Blank).
5    (e) The association may engage the services of a manager or
6management company.
7    (f) The association shall have one class of membership
8unless the declaration, bylaws, or operating agreement provide
9otherwise; however, this subsection (f) shall not be construed
10to limit the operation of subsection (c) of Section 1-20 of
11this Act.
12    (g) The board shall have the power, after notice and an
13opportunity to be heard, to levy and collect reasonable fines
14from members or unit owners for violations of the declaration,
15bylaws, operating agreement, and rules and regulations of the
16common interest community association. If the board provides
17proper notice and an opportunity to be heard for 4 consecutive
18quarters and the unit owner has still failed to remedy the
19violation, the board may make its own arrangements for the
20violation to be remedied and add the cost of the remedy to the
21fines.
22    (h) Other than attorney's fees and court or arbitration
23costs, no fees pertaining to the collection of a member's or
24unit owner's financial obligation to the association,
25including fees charged by a manager or managing agent, shall be
26added to and deemed a part of a member's or unit owner's

 

 

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1respective share of the common expenses unless: (i) the
2managing agent fees relate to the costs to collect common
3expenses for the association; (ii) the fees are set forth in a
4contract between the managing agent and the association; and
5(iii) the authority to add the management fees to a member's or
6unit owner's respective share of the common expenses is
7specifically stated in the declaration, bylaws, or operating
8agreement of the association.
9    (i) Board records.
10        (1) The board shall maintain the following records of
11    the association and make them available for examination and
12    copying at convenient hours of weekdays by any member or
13    unit owner in a common interest community subject to the
14    authority of the board, their mortgagees, and their duly
15    authorized agents or attorneys:
16            (i) Copies of the recorded declaration, other
17        community instruments, other duly recorded covenants
18        and bylaws and any amendments, articles of
19        incorporation, articles of organization, annual
20        reports, and any rules and regulations adopted by the
21        board shall be available. Prior to the organization of
22        the board, the developer shall maintain and make
23        available the records set forth in this paragraph (i)
24        for examination and copying.
25            (ii) Detailed and accurate records in
26        chronological order of the receipts and expenditures

 

 

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1        affecting the common areas, specifying and itemizing
2        the maintenance and repair expenses of the common areas
3        and any other expenses incurred, and copies of all
4        contracts, leases, or other agreements entered into by
5        the board shall be maintained.
6            (iii) The minutes of all meetings of the board
7        which shall be maintained for not less than 7 years.
8            (iv) With a written statement of a proper purpose,
9        ballots and proxies related thereto, if any, for any
10        election held for the board and for any other matters
11        voted on by the members, which shall be maintained for
12        not less than one year.
13            (v) With a written statement of a proper purpose,
14        such other records of the board as are available for
15        inspection by members of a not-for-profit corporation
16        pursuant to Section 107.75 of the General Not For
17        Profit Corporation Act of 1986 shall be maintained.
18            (vi) With respect to units owned by a land trust, a
19        living trust, or other legal entity, the trustee,
20        officer, or manager of the entity may designate, in
21        writing, a person to cast votes on behalf of the member
22        or unit owner and a designation shall remain in effect
23        until a subsequent document is filed with the
24        association.
25        (2) Where a request for records under this subsection
26    is made in writing to the board or its agent, failure to

 

 

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1    provide the requested record or to respond within 30 days
2    shall be deemed a denial by the board.
3        (3) A reasonable fee may be charged by the board for
4    the cost of retrieving and copying records properly
5    requested.
6        (4) If the board fails to provide records properly
7    requested under paragraph (1) of this subsection (i) within
8    the time period provided in that paragraph (1), the member
9    may seek appropriate relief and shall be entitled to an
10    award of reasonable attorney's fees and costs if the member
11    prevails and the court finds that such failure is due to
12    the acts or omissions of the board of managers or the board
13    of directors.
14    (j) The board shall have standing and capacity to act in a
15representative capacity in relation to matters involving the
16common areas or more than one unit, on behalf of the members or
17unit owners as their interests may appear.
18(Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13; 98-756,
19eff. 7-16-14; 99-41, eff. 7-14-15.)